No. 23346.

369 F.2d 637 (1966)

Z. P. CHAGAS, Appellant, v. John J. BERRY, Appellee. John J. BERRY, Appellant, v. Ervin W. ATKERSON, Appellee.

United States Court of Appeals Fifth Circuit.

December 12, 1966.

Attorney(s) appearing for the Case

Ernest May, Fort Worth, Tex., for appellant.

John W. Price, Charles C. Whitener, Dallas, Tex., for Berry. Curtis White, Dallas, Tex., Robert M. Greenberg, Johnson, Guthrie, White & Stanfield, Dallas, Tex., for Atkerson.

Before BROWN, COLEMAN and AINSWORTH, Circuit Judges.

COLEMAN, Circuit Judge:

John J. Berry sued Mrs. Z. P. Chagas and Ervin W. Atkerson for damages for fraud allegedly perpetrated upon him in various transactions centered around his efforts to acquire the Crown Hill Memorial Cemetery in Dallas, Texas. There was a directed verdict in favor of Atkerson, which will be affirmed. There was a jury verdict and judgment against Mrs. Chagas, which must be reversed and remanded for a new trial.

The complaint charged actionable...


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